On Fox News Sunday. John McCain said the following:
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WALLACE: But you do not believe that currently he has the legal authority to engage in these warrant-less wiretaps.
MCCAIN: You know, I don't think so, but why not come to Congress? We can sort this all out. I don't think- I know of no member of Congress, frankly, who, if the administration came and said here's why we need this capability, that they wouldn't get it. And so let's have the hearings...
Part of the reason is because they wanted to increase the power of the executive branch regardless of the law. They know they were breaking the law and didn't care.